What does the court, the Judge or Conciliation Court mean by “the best interest of the child”?

By law, decisions about parenting time and legal decision-making must be made in consideration of the child’s “best interests” or what is best for the child. To make this decision, judges examine such factors as the relationship of each child to parent, siblings and extended family; the child’s school, home and community environment; the age, maturity and wishes of the child; how well the parents interact and encourage the child’s relationships with the other parent; whether a parent is trying to delay the court’s decision; domestic violence, child abuse and/or neglect, and the mental and physical health of all parties involved.

ARS 25-403 states, “The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to a child’s physical and emotional well-being, including…“ Judges consider all factors listed.

Show All Answers

1. What is Conciliation Court?
2. On the Court Petition/Response, it says “We have tried to resolve our problems through Conciliation Services or going to Conciliation Services would not work.” What does that mean?
3. I’ve been a parent for many years. Why do I have to take a Parent Education class?
4. Why do we have to go to mediation? What is mediation?
5. What is confidentiality and what Conciliation Court services are not confidential?
6. What is informed consent?
7. What does the court, the Judge or Conciliation Court mean by “the best interest of the child”?
8. What is the role of attorneys in mediation or evaluative services (Same Day Resolution, Family Assessment or Expedited Services)?
9. Am I eligible for the Decree Assistance Project?